Evening star. [volume] (Washington, D.C.) 1854-1972, 1887-10-19
THE NEW LICENSE YEAR.
The Commissioner Announce Rules
to Regulate the Issuing Of Liquor
Licenses.

10 neguIat0 tme Hssutn8 Oh Liquor
LicenSes.
The District Commissioners have adopted the
following regulations for the issuance OF licenses
TO sell liquor and announced that all licenses for
the year 1sS7-s must be issued in conformity
thereto:
The term OF all licenses for sale OF spirituous
liquors expires on the 3lst day OF october, and the
approval OF such licenses must precede the OPEN
Ing OF the rected places for the sale disposal OF
any intoxicating drinks and must precede the
continuance OF such places heretofore licensed.
with Win every Application for license there must be
presented the written permission OF the majority
OF the owners OF real estate and the majority OF
the residents keeping house on the side OF the
square where 1t is desired to locate such business
and on the side OF the square opposite the same.
ana II corner house, with an opening on two
streetS such signers will be required on both
StreetS All signatures TO such applications must
De made In ink, and agents signing must name
their principals The fact OF such ownership of
real estate shall be certified by the assessor OF the
District OF Columbia, and the genutneness OF the
signatures shall be ascertaned and certified by
the lieutenant OF the precinct which embraces
such proposed location In addition thereto the
commissioners will consider any valid objections
which other citizens may see Mt to present, and
VIII reject all applications as to which such objec-
t10ns are reasonably sustained.
Licenses will not be granted to the following
Glasses OF persons or places:
First. To any person within 400 feet OF public
school house owned by the District OF Columbia
second To any person convicted OF selling or
wearing the uniform OF a soldier volunteer, to
minor, to any confirmed drunKard or to an in
SnS Ss person @ or TO any premises where gam
bawdy house.
Third. To any person who has been convicted OF
selling liquor upon Sunday, or during the hours
prohibited by law, and has not paid the rine I'M
posed by the court. Said unlawful hours are after
midnight and prior to a. m.
Fourth. To any person who has been twice con-
victed OF selling liquors on sunday contrary to
law In that respect In force in the District of Col
Fifth. To any person who has been convicted OF
selling liquor without license.
Sixth To any person keeping place where idle,
NOISY, dlsorderly or suspicious characters congre
gate.
seventh. To all grocery and provision stores
Eighth. In all cases OF application for wholesale
licenses, it must be satisfactorily shown that the
places where it Is intended to carry on such bus-
ness are properly arranged for the sale OF spurious
Ninth. All applicants for license shall allow the
duly authorized agents or officers OF the Commis-
sioners fun opportunity to examine the premises
I0r winch the license is asked. refusal TO do SO
shall be deemed suficient cause reject the ap-
pllcatioE; and all licensees are required to show
officers.
When an application for liquor license has
been rejected by the Commissioners the same will
not be reconStdered upon the same showing, nor
upon purely cumulative evidence. To obtain such
reconsideration awritten motion must be filed with
the secretary OF the Commissioners clearly setting
forth the new and Independent facts or reasons
upon which a review is asked, with all the ev1-
dence In support thereof.
THE OPINION OF ASSISTANT DISTRICT ATTORNEY
DAVIS.
The following is copy OF Assistant District At
torney Davis opinion, addressed to the Commis-
sioners, upon which the above regulations were
based:
"!n accordance with your request have exam
ined the provisions OF existing law with reference
liquor licenses. The requirements In respect OF
liquor license are, first, the written permission OF
q l-f ~ "a and 4 fhn
dents keeping house the side OF the square with
the proposed establishment and the confronting
side OF the opposite square; and, second, the ap-
proval OF the Commissioners, as successors 70 the
Board OF metropolitan Police. The approval OF the
Commissioners thus provided for is to be given or
Withheld In the exercise OF discretion in the ma
ture OF Ju ical discretion, the character OF which
is wei understood. 1t means sound discretion,'
guided by law. IL must be governed by rule. not
by humor. a Burr, 2539) II is to be exercised
not TO give effect 10 the will OF the Judge but TO
that OF the Law. C26 Wend, 1922
liquor is not prohibition, but local option, but it
Is local option subject TO the exercise or a sound
police discretion, which may or may not disregard
the favorable local Judgment, as circumstances
may require In the exercise OF this discretion the
Commissioners must be governed by rule, not
hunor,' they must seek to give effect not to their
own will, but TO that OF the law. Accordingly,
they must rest the Withholding OF their approval
upon something broader than a mere disinclina-
tion to grant license in given case; any other
rule would, in effect, annul the law, which in-
tends that In proper cases the sale OF liquor like
NJ
lations adopted by the commissioners in 1854 are
In proper exercise OF the discretion committed to
| them. The sale OF liquor near school houses,
or by persons convicted OF violations
OF law, or by those engaged in keeping establish
ments In defiance or law, may properly be pre-
vented by the interposition OF the sound police
discretion intended by the law. SO, too, the CON-
miSSionerS may properly refuse to permit the un-
due multiplication OF liquor establishments, as
where a number OF applications, dispropOrtiOnate
to a given locality, Is submitted for action; or
where the establishment is sought to be set up In
a locality occupied chiefly or largely by classes
more readily liable to the evils OF the liquor traffic
In all such and similar cases sound discretion sug-
gests denial OF license. But when, as In the ma
would be an abuse OF discretion in the Commis-
soners to refuse 70 permit the sale OF liquor, for
such policy would, logically, result In the AFRO
trafhc which they are intended only to regulate,
and which is recognized by the law and intended
to be sanctioned uikhin reasonable limits"
What Commissioner Webb Says,
REASONS WHICH PROMPTED TIE COMMISSIONERS TO
RESTRICT LIQUOR LICENSES
Commissioner Webb told STAR reporter to-day
that there are not so many changes and additions
TO the existing regulations in the new ones
as there are mere changes In form;
od %Dsa whieh wSis not Snss exac
obsolete have been lost sight OF and forgotten by
those who make applications for license. The In
tentiOn OF the Commissioners was mainly to inform
these people just what the law is and what re-
strtctions are placed by 1t upon the sale OF liquor
DRINKING At GROCERIES.
The principal addition to the regulations Mr.
Webb said, is that forbidding the issuance OF
licenses to places where groceries and green goods
are sold, and to bawdy or disreputabe houses. In
the former instance the Commissioners think that
1t is desirable to keep the trades distinct and also
because, under the guise OF grocery store, liquor
saloons are introduced into localities where they
are not wanted and should not exist, and where
neighbOrhOod. Mr.. Webb said that In many cases
where liquor is sold in these pacesit is inferior In
quality and price TO that sold In regularly eStab-
l1Shed houses, and, as consequence, usually at
tracts custom from among the rougher element,
who go there to I'LL up with large quantity OF
places generally the sore spots In the city, and
1t is harder 70 control them than regular saloon,
as 1t is difficult to determine who are customers OF
the grocery and who trade at the bar
DRINKING At DIsREPUTABLE HOUSES
In the case Of bawdy or disreputable houses, the
Commissioners will absolutely refuse to grant q
license and will take every precaution to prevent
their illegal traflc In liquor. This question has
always been thorn in the side OF the authorities
and while they have always desired TO prevent
their selling OF liquor, the Commis-
sioners have been unable under the Old
regulations and understanding OF the law
TO draw the line as rgidly as they now can 1t
was at first believed that these houses should be
made source OF revenue to the District well as
to the United states Government, that collects an
internal revenue tax OF $25 per annum upon all
such places where liquor Is sold The
matter was discussed In all its bearings,
and the Commissioners finally decided that
BY refusing to accept the 800 which Is required TO
obtain liquor license before the license IL issued
the Commissioners believe they have struck Q